Health club sold us £250 worth of day-passes without telling us their facilities would close

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We spent some enjoyable days at a nearby health club, in the jacuzzi & relaxing on deck chairs overlooking the swimming pool. We decided to make a regular thing of it. We purchased around £250 of health club passes (about a year's worth) in early 2018 for a family member who is only in the area once a month. The expiry date on the passes was the end of 2018. The monthly rate was £80 so it made sense to buy the passes. :)

A few days later we went to the health club to use the first pass & discovered that the facilities (jacuzzi, relaxing deck chair area etc), were closed "due to renovation work". They remained closed for the rest of the year. We hadn't been told this at the point of buying the passes. :mad:

We complained about this fact and that we didn't want to use the club with renovations going on. They assured us we'd be able to use the facilities once they refurbishment was finished, so we waited. :o

Once the refurbishment finished, we discovered to our horror they closed some of the facilities permanently. Obviously we wouldn't have paid for the passes had we been told that. A few weeks later, the entire club "closed until further notice due to a fire"- so we still couldn't use our passes. :cool:

It is now over a year later, and we've moved house, 200 miles away from the club. Given that the facilities haven't been available since we bought the passes & still aren't available, we asked for a refund, but the club refused. :(

The reason we were given was "We have no paperwork to prove you bought the passes (apparently owning the physical passes isn't enough) and the member of staff who sold you the passes no longer works for us, so we can't ask her. The club has unfortunately experienced a fire and is closed for the forseeable future, until further notice. We can extend the expiry on your passes in case the club re-opens in the future, but we can't refund them. The fact that they're non-refundable is printed on the back of the passes."

The above explains the reasons they gave us over the course of many emails as to why they can't refund.

We now live several hundred miles away. We're at our wits end trying to reason with the new manager of the club. Having sent a number of emails back & forth, he just keeps repeating himself & we can't seem to get him to see sense. He has offered to extend the expiry date on our passes but that isn't much use since not only is it "permanently closed until further notice", we no longer live in the area. :cool:

We paid cash for the passes and feel quite let down & almost tricked into paying money for something they no longer offered. My experience of the law in the UK is that it is often on the side of the unreasonable & rarely is on your side when you have legitimate reasons that make sense. Is there anything at all we can do or is it another thing to just swallow?

Thanks in advance :T
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  • Hunter_Jaeger
    Hunter_Jaeger Posts: 232 Forumite
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    Act quickly.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    I would say the contract has been frustrated. Letter before action and then a small claim. Is it still the same company running the club?
  • spadoosh
    spadoosh Posts: 8,732 Forumite
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    Send them a letter before action.

    Give them chance to respiond and pay up, if they dont, pursue them through the small claims court.

    Its not your fault they dont keep records of their sales. Inform them its their responsibility to do this as they have to inform HMRC. If it gets to court, i suspect youll have enough evidence to prove you bought the passes (if you paid cash, bank statements of cash withdrawals around the time will help, particularly if its the exact amount). Seems weird they dont keep track of their passes, can imagine its open to abuse.

    Business losses should be covered by their insurance policy so refusing you a refund just seems like really bad customer serivce when it probably isnt necessary.

    So send a letter before action, hopefully theyll pay from that, if they dont youll need to be willing to take it to small claims court and from the little youve put (two sides to the story and all that) theyre failing to provide you with the service offered so shouldnt be too hard to convince a judge.
  • tacpot12
    tacpot12 Posts: 7,969 Forumite
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    Paying £250 cash for something is dodgy. It probably went straight into the employee's back pocket, unless they gave you a receipt from the Health Club's cash book. Did they do this? If not, then your suspicions should have been aroused.

    That said, if you go to court, you could ask to see the firms back accounts for the month after your purchase to see if they do have a record of £250 being received for day passes. Hopefully the amount won't be similar to the annual membership charge at the time.

    I think the court will find that physical possession is sufficient to prove you bought the passes, unless the business has records from the time showing that they were aware that passes were being fraudulently issued by staff members. Without such evidence, I think any court would accept your possession of the passes as evidence that you bought them - how else would you have got hold of them other than by theft.

    So, a letter before action, and then a claim in the small claims court.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • KatrinaWaves
    KatrinaWaves Posts: 2,944 Forumite
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    Are we getting the full story? Why are the club talking about sales records and a staff member no longer working there? Are they implying that the day passes are not legitimate and won’t refund as you have no proof of purchase?

    If they normally have sales records or lists of authorisations and they don’t have that for you, and you paid cash, they may be thinking these passes have not been issued properly. Simply having the passes doesn’t matter as they could potentially have been stolen! I’m not accusing you, just explaining why physical possession doesn’t necessarily mean anything.

    They may be happy to honour the passes (in a wishy washy way) despite the irregularity and suspicion they have over them but not willing to refund £250 when in their eyes they have no proof of £250 being paid for them.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    spadoosh wrote: »
    Business losses should be covered by their insurance policy
    Even if it's insured, their excess isn't likely to be under £250!
  • Manxman_in_exile
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    Did you not think it strange that you didn't get a receipt for £250 cash purchase? Did you ask for one?
  • cattie
    cattie Posts: 8,841 Forumite
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    Where does op say that the passes were bought with cash?:question:

    Until it's confirmed that this was a cash purchase it's a little bit early to be accusing a staff member of lining their own pocket with the £250 paid.
    The bigger the bargain, the better I feel.

    I should mention that there's only one of me, don't confuse me with others of the same name.
  • KatrinaWaves
    KatrinaWaves Posts: 2,944 Forumite
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    cattie wrote: »
    Where does op say that the passes were bought with cash?:question:

    Until it's confirmed that this was a cash purchase it's a little bit early to be accusing a staff member of lining their own pocket with the £250 paid.

    Last paragraph of the first post...
  • mattyprice4004
    mattyprice4004 Posts: 7,492 Forumite
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    A few lessons I feel:
    - always get a receipt
    - don't pay cash if possible, as you'd have an avenue of pursuit through S75 / chargeback via card
    - if you have to use cash, consider how safe the purchase is. Stuff to be used in future is always risky (think gift cards for companies that have gone under etc)

    Not incredibly helpful to the OP, but hopefully will help someone else avoid getting stung.
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